SMITH v. DICKENS et al

Filing 61

ORDER ADOPTING REPORT AND RECOMMENDATION 60 Report and Recommendation; GRANTING 49 Motion to Dismiss; GRANTING 52 Motion to Dismiss; GRANTING 56 Motion to Dismiss; GRANTING 59 Motion to Dismiss. Signed by SENIOR JUDGE MAURICE M PAUL on 12/29/2008. Plaintiffs complaint, Doc. 1 , is DISMISSED as barred by Heck v. Humphrey and by the abstention doctrine. (kdm)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION DERICK SMITH, Plaintiff, v. OLESTER DICKENS, et al., Defendants. ___________________________/ ORDER This matter is before the Court on Doc. 60, Report and Recommendation of the Magistrate Judge, which recommends that Defendants' motions to dismiss be granted and that Plaintiff's complaint be dismissed as barred by Heck v. Humphrey, 512 U.S. 477, 114 S. Ct. 2364, 2372, 129 L. Ed. 2d 383 (1994) and by the abstention doctrine, because there are ongoing state court proceedings raising the same issues in Plaintiff's complaint. The Magistrate filed the Report on November 25, 2008. The time for filing objections has passed, and no objection has been filed. Upon consideration, the Court agrees with the Magistrate that Plaintiff's complaint should be dismissed. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. The Report and Recommendation of the Magistrate Judge, Doc. 60, is ADOPTED and incorporated herein. CASE NO. 1:06-cv-00195-MP-AK Page 2 of 2 2. Defendants' motions at Docs. 49, 52, 56, and 59 are GRANTED, and Plaintiff's complaint, Doc. 1, is DISMISSED as barred by Heck v. Humphrey and by the abstention doctrine. 29th day of December, 2008 DONE AND ORDERED this s/Maurice M. Paul Maurice M. Paul, Senior District Judge Case No: 1:06-cv-00195-MP-AK

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